Opinion
1112005071 1301013163 1408011166
09-16-2021
State of Delaware v. Anthony L. Kelson
Counsel:
This Court has reviewed Defendant's Motion for Modification dated August 12, 2021 and the State's response dated September 15, 2021. Mr. Kelson was sentenced in December of 2015 to four years of Level V with transitioning levels of probation to include six months at Level IV DOC Discretion. On the same day, he was sentenced on his VOPs to cases that stem back to 2012 and 2013 wherein he received one year of Level IV Work Release. The aggregate total of 18 months was imposed in 2015.
Defendant's Motion for Modification of Sentence, Crim. ID. No. 1112005071, D.I. 22; Crim. ID. No. 1301013163, D.I. 24; Crim. ID. No. 1408011166, D.I. 34.
State's Response, Crim. ID. No. 1112005071, D.I.__; Crim. ID. No. 1301013163, D.I. __;Crim. ID. No. 1408011166, D.I.__.
Sentence: ASOP Order Signed and Filed, Crim. ID. No. 1408011166, D.I. 13.
Violation of Probation Hearing, Crim. ID. No. 1112005071, D.I. 15; Crim. ID. No. 1301013163, D.I. 18.
In light of the progress that Mr. Kelson has made over the last six years, his Motion is GRANTED to reflect that the Level IV Work Release sentence is modified to Home Confinement, as unopposed. His VOP Level IV is also reduced from 1 year to 6 months with holds at Level III until space is available at Level IV Home Confinement. The sentence orders are enclosed for your ease of reference.
Sincerely,
Vivian L. Medinilla, Judge
IN AND FOR NEW CASTLE COUNTY CASE NUMBER: CRIMINAL ACTION NUMBER: IN14-08-1371R1 DDEAL TIER 4(F)
COMMITMENT
Nolle Prosequi on all remaining charges in this case
ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021, IT IS THE ORDER OF THE COURT THAT: THE ORDER DATED December 11, 2015 IS HEREBY MODIFIED AS FOLLOWS:
The defendant is adjudged guilty of the offense(s) charged. The defendant is to pay the costs of prosecution and all statutory surcharges.
AS TO IN14-08-1371-R1: TIS DDEAL TIER 4
Effective August 14, 2014 the defendant is sentenced as follows:
-The defendant is placed in the custody of the Department of Correction for 25 year(s) at supervision level 5
-Suspended after 4 year(s) at supervision level 5
-For 2 year(s) supervision level 4 HOME CONFINEMENT -Suspended after 6 month(s) at supervision level 4 HOME CONFINEMENT
-For 18 month(s) supervision level 3 -Hold at supervision level 3 -Until space is available at supervision level 3 HOME **APPROVED ORDER** 1 September 15, 202115:57
STATE OF DELAWARE VS. ANTHONY L KELSON
DOB: 10/20/1988 SBI: 00571812
CONFINEMENT
SPECIAL CONDITIONS BY ORDER
STATE OF DELAWARE VS. ANTHONY L KELSON
DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 1408011166
Have no contact with Allan Stevens
Have no contact with Dawn Smith Have no contact with 245 Smalleys Dam Rd. Pursuant to 29 Del.C. 4713(b)(2), the defendant having been convicted of a Title 11 felony, it is a condition of the defendant's probation that the defendant shall provide a DNA sample at the time of the first meeting with the defendant's probation officer. See statute.
The defendant shall pay any monetary assessments ordered during the period of probation pursuant to a schedule of payments which the probation officer will establish.
Defendant shall be evaluated for substance abuse and follow recommendation for treatment, counseling and screening.
Forfeit ammunition seized.
Forfeit USC seized. For the purposes of ensuring the payment of costs, fines, restitution and the enforcement of any orders imposed, the Court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid in full. This includes the entry of a civil judgment pursuant to 11 Del.C. 4101 without further hearing.
MODIFIED ORDER and now to wit, this 15th day of September 2 021, this Order has been modified to reflect the change in the defendant's level 4 probation from DOC Discretion to Home Confinement with a hold at level 3.
FINANCIAL SUMMARY
STATE OF DELAWARE
VS. ANTHONY L KELSON
DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 1408011166
SENTENCE CONTINUED:
TOTAL DRUG DIVERSION FEE ORDERED
TOTAL CIVIL PENALTY ORDERED
TOTAL DRUG REHAB. TREAT. ED. ORDERED
TOTAL EXTRADITION ORDERED
TOTAL FINE AMOUNT ORDERED
FORENSIC FINE ORDERED
RESTITUTION ORDERED
SHERIFF, NCCO ORDERED
180.00
SHERIFF, KENT ORDERED
SHERIFF, SUSSEX ORDERED
PUBLIC DEF, FEE ORDERED
PROSECUTION FEE ORDERED
100.00
VICTIM'S COM ORDERED
VIDEOPHONE FEE ORDERED
1.00
DELJIS FEE ORDERED
1.00
SECURITY FEE ORDERED
10.00
TRANSPORTATION SURCHARGE ORDERED
FUND TO COMBAT VIOLENT CRIMES FEE
15.00
SENIOR TRUST FUND FEE
AMBULANCE FUND FEE
TOTAL
307.00
LIST OF ALIAS NAMES
STATE OF DELAWARE VS. ANTHONY L KELSON
DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 1408011166
ANTHONY KELSON ANTHONY L KELSON JR
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE VS. ANTHONY L KELSON
Alias: No Aliases
DOB: 10/20/1988 SBI: 00571812
IN AND FOR NEW CASTLE COUNTY CASE NUMBER: CRIMINAL ACTION NUMBER: N1112005071 VN12-01-0173-02 N1301013163 VIOL O/PROBATN ORIG. CHARGE: DDEAL TIER 2(F) VN13-02-0126-01 VIOL O/PROBATN ORIG. CHARGE: POSS C/SUB+AF(M) VN13-02-1365-01 VIOL O/PROBATN ORIG. CHARGE: DUI LIQ - DRUGS(M)
COMMITMENT ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED VIOLATION OF PROBATION SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021# IT IS THE ORDER OF THE COURT THAT: the order dated January 13, 2016 is hereby modified as follows: The defendant is found in violation. Defendant is sentenced as follows:
AS TO VN12-01-0173-02: TIS 16 Del.C.47530001FC VIOL O/PROBATN - FOUND IN VIOLATION Effective January 13, 2016 the defendant is sentenced as follows:
-The defendant is placed in the custody of the Department of Correction for 5 year(s) at supervision level 5
AS TO VN13-02-0126-01: TIS 16 Del.C.4763000aMA VIOL O/PROBATN - FOUND IN VIOLATION
-The defendant is placed in the custody of the Department of Correction for 1 year(s) at supervision level 5
-Suspended for 6 month(s) at supervision level 4 HOME **APPROVED ORDER** 1 September 15, 202115:56
STATE OF DELAWARE VS. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812 CONFINEMENT
-Hold at supervision level 3
-Until space is available at supervision level 4 HOME CONFINEMENT AS TO VN13-02-1365-01: NON-TIS 21 Del.C.417700a3M VIOL O/PROBATN - FOUND IN VIOLATION
-The defendant is placed in the custody of the Department of Correction for 1 year(s) at supervision level 5
-Suspended for 1 year(s) at supervision level 3
Probation is concurrent to criminal action number VN13-02-0126 01 .
SPECIAL CONDITIONS BY ORDER
STATE OF DELAWARE VS. ANTHONY L KELSON
DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 11120050711301013163
All previous terms and conditions are reimposed. See
For the purposes of ensuring the payment of costs, fines, restitution and the enforcement of any orders imposed, the Court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid in full. This includes the entry of a civil judgment pursuant to 11 Del.C. 4101 without further hearing.
The defendant shall pay costs, fines and/or restitution as previously ordered.
MODIFIED ORDER
and now to wit, this 15th day of September 2021, this Order has been modified to reflect that the defendant's level 4 sentence has been modified from level 4 Work Release to Home Confinement with a hold at level 3.